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2012 SESSION

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SB 658 License tax, local; ordinances for severance oil, coal, or gas from earth, report.

Introduced by: Phillip P. Puckett | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED SENATE: (all summaries)

Local license tax ordinances for the severance of minerals. Requires certain localities that imposed local severance taxes for the 2008, 2009, 2010, or 2011 license year to amend their local ordinances to adopt or include certain local license tax uniform ordinance provisions into the local ordinance with an effective date retroactive to the 2008 license year. Each such locality would be required to allow taxpayers upon whom local severance taxes were imposed to avail themselves of the appeal procedures included as part of the local license tax uniform ordinance provisions. In addition, within 60 days of the effective date of the bill, each such locality would be required to provide written notice to taxpayers upon whom the locality imposed local severance taxes for the 2008, 2009, 2010, or 2011 license year that the locality has adopted or will adopt the uniform ordinance provisions retroactive to the 2008 license year and for each license year thereafter. Each such ordinance so amended within 90 days of the effective date of the bill would be deemed valid and properly enacted for purposes of any local severance tax imposed for license year 2008, 2009, 2010, 2011, or 2012.  The bill also provides that any person assessed with a local severance tax for license year 2008, 2009, 2010, 2011, 2012, or 2013 would be allowed to file an administrative or judicial appeal of the same only during the period beginning July 1, 2013, and ending July 1, 2014.  In addition, for any assessment of additional license tax for license year 2008, 2009, 2010, or 2011 collection activity would be suspended until July 1, 2013.  Collection activity would be suspended until July 1, 2013, on any assessment of additional license tax for license year 2012 or 2013 if the taxpayer in filing a severance tax return includes with the return a good faith payment of the tax due or a good faith estimate of the tax due.  The bill contains an emergency clause. This bill is identical to HB 1233.


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